Life or death for Bixby?

If sentenced to death, Bixby faces two choices

February 20, 2007

By MIKE ROSIER
Index-Journal staff writer

ABBEVILLE — His guilt decided by a jury Sunday, Steven Vernon Bixby finds himself in a courtroom struggle for his life today as the penalty phase of his trial begins.
The same 12-member jury that provided the decision in the guilt portion of the trial will now decide the severity of the punishment to be given to Bixby for the murders of Sgt. Danny Wilson and Constable Donnie Ouzts — along with one count each of kidnapping, conspiracy and possession of a weapon during the commission of a felony and 12 counts of assault with intent to kill.
The jury will be limited in scope for its decision on the sentence to be served.
Only two choices are available — life imprisonment or death.
“The law requires 24 hours between (the two court phases) unless that is waived by the defense,” Eighth Circuit Solicitor Jerry Peace said following the guilty-on-all-charges verdict around 9:15 p.m. Sunday. “This will be the sentencing phase of the trial. For the jury, (the decision) will either be death or life without parole.”
Each side will present new cases for the jury.
The prosecution will pursue the death penalty with the same vigor as was put forth by Peace and deputy solicitors John Anthony and Andrew Hodges in the guilt phase of the trial proceedings. Meanwhile, the defense — attorneys Charles Grose, Bill Nettles and Mark MacDougall — will do their best to present a case for saving Bixby’s life.
The defense team will try to show the jury a “complete picture” of their client, as Nettles said just moments after hearing the verdict read by the jury.
The jury has already viewed a portion of that type of testimony on Saturday when Bixby’s mother — Rita G. Bixby — testified on her son’s behalf.
Grose began his questioning of the Bixby matriarch by asking her several background questions. She had five children with her first husband. Her second husband — Arthur Bixby — had four children of his own from a previous marriage.
The two had a pair of children (Steven and Daniel) together.
Grose asked Rita Bixby about her son, who was actually born in nearby Vermont before moving later to his beloved New Hampshire, and his level of education.
Steven Bixby had attended public school through the seventh grade.
Jerry Peace objected, perhaps thinking the defense was attempting to bring Steven Bixby’s education (he is said to have reached a 12th-grade schooling level) into play.
Tenth Circuit Court Judge Alexander Macaulay allowed the defense some latitude.
Grose’s line of questioning quickly turned to an incident during Steven’s childhood that Rita Bixby said forced her to remove her sons from public education entirely.
“There was a math teacher that was a real problem,” Rita Bixby said. “Steven called me at home and said for me to come quick that (the teacher) was beating Danny up. I went to that school and took them home right then.
“They weren’t going back to school. I was through with public schools."
Grose asked what form of education the boys had following the incident.
Rita replied that the pair was home-schooled by she and Arthur.
“I was the teacher, and my husband helped,” she said.
“What subjects did you teach?” Grose asked.
Peace balked at the line of questioning, and asked Macaulay for a hearing outside the view of the jury, during which they could further their objection, both at the information’s use in court and relevance to the case.
“There’s not a plea of diminished capacity here,” the judge said.
“No, your honor, there is not,” Grose said.
Macaulay then allowed Grose to continue — asking him to move the questions along.
Rita Bixby said she and her husband taught her sons all of the basic subjects and lessons – except, that is, for “‘Say No to Drugs’ and sex education.”
One subject received special attention: the U.S. Constitution.
Additional testimony will be heard today, although it is unclear how many witnesses each side intends to call during the final phase of the trial.
Proceedings begin at 9 a.m.

Bixby verdict becomes talk of the town

February 20, 2007

By CHRIS TRAINOR


Now it’s time for the next phase.
After being found guilty Sunday night of numerous charges, including murder, in the 2003 slayings of Abbeville County Sheriff’s Deputy Danny Wilson and Constable Donnie Ouzts, Steven Bixby is now set to be sentenced for his crimes.
The sentencing phase begins at 9 this morning IN the Abbeville County courthouse.
The judge, attorneys, jury and Bixby himself were not in court Monday, which brought the historic court square in Abbeville back closer to what it normally is on any other weekday: the center of a serene, picturesque Southern town, not unlike many others that dot the map of this part of the country.
However, the day off between the verdict and the beginning of sentencing didn’t slow the conversation of local residents, as many were ready to voice their impression of the trial and their opinion of the verdict, particularly the speed in which it came.
Opening arguments began last Wednesday, and the verdict was read shortly after 9 p.m. Sunday. The jury deliberated less than three hours. Mandy Arrowood, who works for CapitalBank in Abbeville, said she was surprised how quickly it came. “I thought it would go on for weeks,” Arrowood said. “At church (Sunday), everybody was talking about how it was going to the jury that afternoon. I don’t think many thought it was going to come to an end quite that fast.”
Brian Burton also said he was taken aback by the swift end to that phase of the trial.
“I was watching CBS (Sunday) night and they flashed it across the bottom of the screen,” said Burton, who was busy washing a car at Ruby’s Car Wash as he talked. “I thought, ‘Whoa, that was quick.’ I thought it would drag on until June or something.”
Abbeville’s Marshall Smith disagreed, saying he thought it would be a short trial all along. He said he was very confident the jury would come back quickly with a verdict.
“I told my mother they would deliberate less than three hours,” Smith said. “And I was right. The amount of evidence they had against (Bixby) was staggering. That was a no-brainer.”
Abbeville native Justin Fleming agreed with Smith, and was even more blatant in his assertion.
“It was so obvious he was guilty, they could have not even had a trial,” Fleming said, laughing. “He was as guilty as he could possibly be.”
Residents also weighed in on the sentencing phase. Veronica Patterson, who works at Pizza House on the square, directly across from the courthouse, remembered seeing Wilson the morning Bixby was killed.
“He came into McDonald’s that morning, right before he went over there,” said Patterson, who was a manager at the Abbeville McDonald’s then. “He left, and maybe 20 minutes later, we heard he had been involved in all that commotion down there.”
Patterson was direct in her opinion of what the penalty against Bixby should be.
“The right thing to do would be the death penalty,” Patterson said, solemnly. “He deserves it. But I think they’ll give him life in prison.”
Buster Ferguson, proprieter of Ferguson’s Produce in Abbeville, thinks Bixby will get the death penalty. He said it is his opinion that the members of the jury have already made that decision in their minds. He added he wasn’t surprised that it took such a short time to convict Bixby, saying the jury made the “obvious” conclusion considering the evidence it was presented.
As far as his own feelings on the matter, Burton did not support the death penalty.
“You know me; I don’t think people deserve to die,” Burton said. “And in a situation like this, sometimes death can be the easy way out for someone like Bixby.”
So far, the trial has not produced the circus-style atmosphere many anticipated it might. The square has been blanketed by security officials, with uniformed officers keeping a high profile and plain-clothed officers — sporting the tell-tale earpieces, with pistols tucked behind their jackets — being omnipresent.
The road in front of the courthouse, normally a two-lane thoroughfare, has been bottlenecked into one lane. Satellite trucks from regional TV stations have remained parked nearby.
“I’m glad none of the crazy stuff has happened,” Ferguson said. “There has been plenty of security, maybe a bit too much. But it is better to be safe than sorry.”
Smith said he thinks the impact of Bixby’s crime and the spectacle of the trial itself will linger.
“I’m 48, and I don’t ever remember something like what’s been going on up there in this town,” Smith said. “I think people are ready to put the trial behind, but the incident will be remembered and talked about here for years, probably decades. Something like this is simply not easy to forget.”

District 50 shares prototypes of schools

February 20, 2007

By BOBBY HARRELL
Index-Journal staff writer

Residents and school board members alike now know more about Greenwood School District 50’s “prototype” elementary schools and renovation plans for a high school.
Details about Emerald High School’s new gymnasium/auditorium and the elementary schools to be built on the same grounds as Brewer and the new Northside Middle schools were discussed at Monday night’s school board meeting. Additionally, information about new literacy programs and presentations by two district elementary schools was shared.

Consultant to be hired

A consultant specializing in “internal and external communications” will be hired by the district, said superintendent Darrell Johnson.
The consultant, who will be paid $10,000, will act as a liaison between the district and the public and inform people about programs such as the Genesis Academy.
The new elementary schools, temporarily named “Brewer Elementary School” and “Northside Elementary School,” will sit on the same land as their middle school counterparts and use much of the other schools’ driveways, said Todd Sease, an architect with architectural firm Jumper Carter Sease.
“Northside” will have one wing of the X-shaped building, similar to the new middle schools, containing the cafeteria, auditorium and gymnasium.
“Brewer” will virtually mirror “Northside” in structure, Sease said.
Board member Lary Davis asked him how one side of “Northside” close to the property line shown on a map of the area would keep students from wandering into someone else’s property.
A wall of foliage will be planted near the property line to stop students from roaming, Sease said.
The 1,500-seat Emerald gymnasium/auditorium will feature two girls’ dressing rooms and three boys’ dressing rooms, based on the number of students who play sports at the school, said Gary Johnson, assistant superintendent of business for District 50.
The gym floor will rest below the outside entrance of the gym, where an entryway to the football field would be created nearby, Sease said.

New literacy program

Trustees also heard about a new literacy program and event coming up.
Level Literacy is a program that helps students not in need of special education get help in academics and behavior, said Janell Alston, director of elementary education for District 50.
Groups of three students study for about 30 minutes to improve their skills.
Literacy Alive In Greenwood will be March 31 to celebrate community-wide learning and literacy, Alston said. The event will include activities linked to literacy.

CFHS ready to keep rolling

February 20, 2007

By RON COX
Index-Journal sports editor

Risha Bomar would love to see her magical inaugural season as the Calhoun Falls High School girls basketball coach last a little longer.
Bomar’s Lady Flashes, the Region I-A champions, head into the third round of the Class A playoffs against Indian Land at 7 tonight at Union High School.
The winner moves on to the Upper State title game against the winner of McBee and Hunter-Kinard-Tyler Saturday at the Bi-Lo Center in Greenville.
“This has been such a marvelous season,” Bomar said. “For this to be my first year and for us to be this far, it feels really good. I just want us to keep it rolling.”
The Lady Flashes (15-4) reached the third round for the first time in more than a decade after close wins over Whitmire (45-39 in the first round) and Calhoun County (43-41).
The Lady Flashes, who have won Region I-A two of the past three years, got past those two squads behind their frenetic baseline-to-baseline defensive pressure.
“The key for us is to play our own style,” Bomar said. “It’s what got us this here. That full-court pressure defense is the key to our success. We just want to stick to our defense. We really thrive off our defense.”
But that defensive ability will get a complete test tonight against the offensive prowess of the Lady Warriors (18-6), who routed Region II-A champion Landrum 73-35 Friday night. Indian Land outscored the Lady Cardinals 40-12 in the second and third quarters combined.
“We haven’t had much trouble against most presses,” Indian Land coach Tamara Jacobus said. “Landrum pressed us and it was like we were in transition the whole time. We have three good guards and we’re able to get up and down the floor. “We’ve seen some fast and quick teams. I don’t know if we have seen that fast and quick (as Calhoun Falls).”
The Lady Warriors are led by guard Jean Marie Harris and forward Merrissa Witherspoon, who are averaging 18 and 17.5 points a game. Harris had 27 points in the win over Wagener-Salley in the opening round, while Witherspoon had 24 points and 14 rebounds against Landrum.
“We have four seniors in our starting lineup and they are very excited to be here,” Jacobus said. “They’re very determined kids. We’re playing very well right now. We’re peaking at the right time.”
Calhoun Falls, this season, has operated out of a more balanced offensive attack, using its full-court press to open scoring from several players. However, the mainstay has been sophomore guard and primary ball-handler Brittany Obot, who was the lone player in double-figures with 16 points in Friday’s win over Calhoun County.
But sophomore Ro’Shundray Postell and senior Cherelle Bridges scored in double figures against Whitmire, getting 13 and 12 points respectively.
“It’s very important for us to get scoring from Brittany and some other, especially if we’re able to control the flow of the game,” Bomar said. “We don’t have a lot of big names. Most teams come out and try to stop Brittany, but you never know who’s going to come up big for us.”

Obituaries

Ida Veronica Smiley-Miller

Ida Veronica Smiley-Miller died Thursday, Feb. 15, 2007, in Madison, Tenn., at the Madison Health Care Center after an extended illness.
Born in Greenwood on April 29, 1947, she was the daughter of the late Johnnie Smiley and Ethel Backus Smiley Miller.
Veronica grew up in the Greenwood and Cokesbury communities. She was baptized at an early age at Tabernacle Baptist Church in Greenwood. She attended Brewer High School and graduated from Mather Academy in Camden, where she excelled as an athlete and musician. She later would play piano and organ for Tabernacle and other churches.
Veronica graduated from Central State University in Wilberforce, Ohio, and pursued graduate studies at Tennessee State University and Fisk University in Nashville, Tenn. Veronica had an entrepreneurial spirit and owned and operated several businesses during her life, including a driver’s training school in Greenwood. She was also a very caring person who sought to help others who encountered trouble in their lives. She worked for many years for Child Protective Services in New York City and most recently for the Pardon and Parole Board for the state of Tennessee. She was civicly and socially active in the communities in which she lived and was a member of Delta Sigma Theta Sorority Inc. Her whit, humor and comrade will be missed by all those who had the opportunity to know and love her.
Surviving Veronica are her mother of Greenwood; a brother, the Rev. Furman M. Miller Jr., and his wife Janette of Greenwood; a loving aunt who cared for her in her last days, Dr. Elizabeth M. Backus of Nashville, Tenn.; nieces, Celeste Hentz of Atlanta, Faith Ida Janet Miller of Greenwood; a grandniece, Ajah Hentz of Atlanta and a nephew, the Rev. DeQuincy M. Hentz of New Rochelle, N.Y., and a host of other relatives and friends.
The family will receive friends from 12 p.m. to 1 p.m. Thursday, Feb. 22, 2007 at Parks Funeral Home. Funeral services will be at 1 p.m. Thursday in the funeral home chapel with the Rev. Dr. William L. Moore presiding, the Rev. Moses Miller officiating and the Rev. Ulysses Parks and the Rev. Norris Turner assisting. Burial will follow in the Evening Star Cemetery in Greenwood.
The family is at the home of Ethel Backus Smiley Miller at 106 Wind Valley Road in Greenwood. Parks Funeral Home of Greenwood is assisting the Miller family.

Nellie Stallworth Arnold

Nellie Stallworth Arnold, 92, resident of 120 Woodcrest St., widow of Richmond M. “Rip” Arnold, died Feb. 18, 2007 at Hospice House.
Born in York, Ala., Aug. 12, 1914, she was a daughter of the late Henry S. and Marguerite Edmonds Stallworth. She was a graduate of York County High School, York, Ala., and attended Arthur Murray Dance School in Mobile, Ala. She owned and operated Nellie’s Dancing School located upstairs in what is now Inn on the Square. She was a member of the First Presbyterian Church in Greenwood where she was an active member of the Chancel Choir for more than 25 years.
Surviving are her daughter, Mary Ellen Lumley of Greenwood; a granddaughter, Kathryn Nicole Lumley of Greenwood, and a brother, Dr. Henry A. Stallworth of Magnolia Springs, Ala.
A memorial service will be 4 p.m. Wednesday at First Presbyterian Church with the Rev. David Mayo and Dr. Rev. George Wilson officiating.
A private committal service will be held prior to the memorial service.
The family is at the home of her daughter, 120 Woodcrest St. and will receive friends at the church immediately following the memorial service.
Memorials may be made to HospiceCare of the Piedmont, 408 W. Alexander Ave., Greenwood, S.C. 29646.
For additional information and online condolences please visit www.blythfuneralhome.com.
Blyth Funeral Home & Cremation Services is assisting the Arnold family.

Ray Heldreth

Ray C. Heldreth, 94, passed away on Monday, Feb. 19, 2007 at the Hospice House, Greenwood.
Born in Bluefield, W.Va., he was a son of the late Herman M. and Ollie G. Heldreth. He retired from Appalachian Power Company in 1974 and was a retired LTC in the U.S. Army Reserve. He served as past president and secretary treasurer of the West Virginia Department of Reserve Officers Association, was a former member of the Riley Vest Post of the American Legion, Bluefield and the First Christian Church of Bluefield.
He was preceded in death by his first wife, Dorothy Hawley Heldreth; three brothers and two sisters.
Surviving is his son, William M. Heldreth and four grandchildren of Bloomfield, Mich.; his second wife, Clara Havu Heldreth of Greenwood; two brothers, Thomas Heldreth of Tennessee and Robert Heldreth of Florida; a sister, Irene Call of Virginia; two stepsons, Bill Havu of Denver and John Havu of Zurich, Switzerland; four step-granddaughters.
A graveside service will be held at 11 a.m. Saturday, Feb. 24, at the Monte Vista Park, Bluefield, W.Va., with Dr. Allan A. Hammond and the Rev. Craig Hammond officiating.
In lieu of flowers, memorials may be sent to the Bluefield Union Mission, 2203 Bluefield Ave., Bluefield, W.V., 24701. Harley Funeral Home and Crematory of Greenwood is in charge of arrangements.
Online condolences may be sent to the family by visiting www.harleyfuneralhome.com.

Polly Ann Howard

REIDSVILLE, Ga. — Mrs. “Sweet” Polly Ann Howard, age 62, died Sunday evening at her residence. The Saluda native lived in Ninety Six for many years, moved to Bulloch County in 1985 and then to Reidsville in 2004. She was a waitress with the Panorama Lodge in Ninety Six for 25 years. Mrs. Howard was of the Baptist faith. She was preceded in death by her husband, William Jerry Brown; her parents, Alex and Dorothy Fain Howard; a brother, Alex Howard Jr. and a grandchild, David Lee Dylan Brown.
Surviving are two daughters and a son in law, Sherri Heath Kelley of Reidsville and Tammy and Al Brown of Brooklet; three grandchildren, A.J. Brown of Brooklet, Waylon Brown of Macomb, Ill., and Leslie D. Kelley of Reidsville; two sisters, Lillie Nickles of Greenwood and Pat Moore of Ninety Six and her two beloved cats, Layla and Dontago.
Visitation will be Tuesday from 5 p.m. until 8 p.m. at Joiner-Anderson Funeral Home.
Funeral services will be Wednesday at 2 p.m. in the Chapel of Harley Funeral Home of Greenwood. Visitation will be one hour prior to the service.
Burial will be in the Elmwood Cemetery.
Memorial contributions may be made to the March of Dimes, 5 Oglethorpe Professional Blvd., Savannah, G.A., 31406. Friends may sign the online register book at www.joineranderson.com.
Joiner-Anderson Funeral Home of Statesboro and Harley Funeral Home of Greenwood are in charge of arrangements.

Opinion

Sleight-of-hand politics paves way for resistance

February 20, 2007

Machiavellian doctrine is alive and well ..... and living in Congress.
For anyone who may not be familiar with Michiavellian, it’s simply “ ... acting in accordance with the principles of government analyzed in Michiavelli’s ‘The Prince,’ in which political expediency is placed above morality,” and craft and deceit are used to maintain authority. It is “characterized by subtle or unscrupulous cunning, deception, expediency or dishonesty.”
That’s been a factor in the congressional debate over a “non-binding” resolution opposing President Bush’s newest strategy on Iraq. Nothing could be more Michiavellian than Rep. John Murtha’s sleight-of-hand terminology where he uses a bit of double-talk to mask his true intentions.

THE PENNSYLVANIA DEMOCRAT says he would support our troops, but financial support of the troops would be ended.
Sen. Lindsey Graham -R. S. C., said he would do everything in his power to “ensure the House resolution dies an inglorious death in the Senate. The resolution will be seen by our enemies around the world as a weakening of our resolve. It will embolden our enemy to defeat us in Iraq and drive us from the Middle East. It is also not remotely helpful to the war effort of our troops in the field.
“Any effort by Majority Leader Reid to deny the Senate a full and fair debate and a series of votes on Iraq will be met with staunch resistance from many Republicans. There should be no more business in the U. S. Senate until we fully and fairly debate this new effort to secure victory in Iraq. The American people expect and deserve no less.”
If that wasn’t a threat of many filibusters to come it’ll do until the real thing comes along. The House passed the resolution, of course, but it was defeated in the Senate. More GOP tie-ups can be expected.

ALL OF THAT’S PERTINENT, TO be sure, but Graham noted something else that is far more definitive of the whole effort. “These non -binding resolutions are political theater at its worst.”
Political theater! In other words, it’s nothing but pure, partisan, politics ..... business as usual. That pretty much says it all.
You have to admit, though. Michiavelli would have been proud of Rep. Murtha and his cohorts. They’ve given his “principle” a modern face.
Graham is right, though. The American people deserve to have their elected officials debate and vote on the issues that come before them, no matter which party is in the majority. Why else are they there?